The defendants appealed against convictions for conspiracy to pervert the course of justice. They said that the fact that an investigation followed a false allegation was insufficient to found a complaint, and that the extent of the crime was so unclear as to infringe the human right to a fair trial.
Held: The appeal failed. Where the prosecution case is that a false allegation has been made, all that is required is that the person making the false allegation intended that it should be taken seriously by the police. It is not necessary to prove that she/he intended that anyone should actually be arrested.
The crime of conspiracy to pervert the course of justice was defined clearly in the Northern Ireland case of Bailey. That case set the bounds of justice to include as a part of the definition of a course of justice, a process of investigation. The definition was sufficiently clear not to infringe his human rights.
Judges:
Lord Justice Latham, Mr Justice Goldring and Judge Mettyear
Citations:
Times 29-May-2002, Gazette 20-Jun-2002, [2002] EWCA Crim 1033, [2002] 2 Cr App R 29, [2003] 2 WLR 115
Links:
Statutes:
European Convention on Human Rights 7
Jurisdiction:
England and Wales
Citing:
Cited – Regina v Bailey CANI 1956
Lord MacDermott LCJ said that the administration of public justice: ‘comprehends functions that nowadays belong, in practice almost exclusively, to the police, such as the investigation of offences and the arrest of suspected persons.’ . .
Cited – Rex v Hollingberry 1825
The court considered an allegation that the defendant had conspired to make a false charge against another.
Held: If the object of the conspiracy is extortion then the truth or falsity of the charge is immaterial. It was permissible for a . .
Cited – Regina v Grimes CACD 1968
Judge Kilner Brown confirmed the existence of the crime of attempting to pervert the course of justice: ‘Certain actions such as cheating or behaving obscenely may not be offences in a private connotation, but once the public is involved, either by . .
Cited – Rex v Rose 1937
Attempting to pervert the course of justice by misleading the police as to the commission of a criminal offence with the result of an arrest of an innocent party. . .
Cited – Rex v Rispal 19-Jun-1762
The defendants were accused of having falsely accused another man, Mr Chilton, of having removed hair from bales of human hair being sold. Mr Chilton was arrested.
Held: The justices of peace had jurisdiction in the present case; a conspiracy . .
Cited – Regina v Rowell CACD 1977
Giving a false story to the police in relation to a criminal offence resulting in the arrest of another can constitute the offence of attempting to pervert the course of justice. . .
Cited – Regina v Kellett CACD 1976
The defendant saw disparaging statements made about him by neighbours in the course of divorce proceedings. He wrote to them and asked them to withdraw the statements they had made and threatened proceedings for slander. He was charged with . .
Cited – Director of Public Prosecution v Withers HL 20-Nov-1974
The House was asked to consider whether there existed the crime of a conspiracy to commit a public mischief.
Held: There was no such crime, since it was so undefined as to be unfair to any defendant. Although at common law no clear distinction . .
Cited – MacDaniel’s Case 1775
It is the indictable offence of attempting to pervert the course of justice knowingly to charge a man falsely with any crime. . .
Cited – Regina v Panayiotou and Another CACD 1973
Interfering with potential witnesses, so as to prevent or dissuade them from testifying are acts which amount to perverting the course of Justice. . .
Cited – Regina v Manley 1933
The appellant had falsely alleged that she had been robbed by a man whose description she gave to the police. It was the description of an imaginary man. She had been convicted of unlawfully effecting a public mischief.
Held: Lord Hewart CJ . .
Cited – The King v Higgins 11-Nov-1801
Lawrence J said: ‘All offences of a public nature, that is, all such acts were attempts to lead to the prejudice of the community, are indictable.’ . .
Cited by:
Cited – Regina v Clark CACD 4-Apr-2003
The defendant had been involved in a car crash. He drove his car home, and reported the accident only the following day. He appealed against a conviction for attempting to pervert the course of justice, having defeated any possibility of his being . .
Cited – Regina v Metcalf, Denton, Foster 26-May-2021
Public Inquiry is not In the Course of Justice
(Crown Court at Manchester) A retired solicitor and two retired police officers faced trial charged with doing acts tending and intended to pervert the course of public justice. They were said to have proposed alterations to statements of police . .
Lists of cited by and citing cases may be incomplete.
Crime, Human Rights
Updated: 09 December 2022; Ref: scu.171303
